US states sue over Equal Employment Opportunity Commission’s policy on transgender workers
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USA’s 18 States take up legal cudgels on Biden’s Administration over transgender worker protections!
Eighteen Republican-led states sued the Biden administration late Monday over new federal guidance that aims to protect transgender Americans from workplace discrimination.
In a lawsuit filed against the Equal Employment Opportunity Commission and the Department of Justice, attorneys general from the 18 states, led by Tennessee, argued that the federal agency’s new rules unlawfully force employers to recognize trans workers’ pronouns and to allow trans employees to use restrooms and wear clothing that aligns with their gender identities.
They contend that in doing so, the EEOC wrongfully expanded Title VII of the Civil Rights Act of 1964, which prohibits workplace discrimination based on sex, among other categories.
“In America, the Constitution gives the power to make laws to the people’s elected representatives, not to unaccountable commissioners, and this EEOC guidance is an attack on our constitutional separation of powers,” Tennessee Attorney General Jonathan Skrmetti said in a statement on Monday. “When, as here, a federal agency engages in government over the people instead of government by the people, it undermines the legitimacy of our laws and alienates Americans from our legal system.”
The EEOC is a bipartisan agency under the Department of Labour that was created by the Civil Rights Act of 1964 to administer and enforce anti-discrimination protections in the workplace. It is led by five president-appointed commissioners, with the party in power having three commissioners.
The EEOC’s new rules regarding trans workers are part of a wider package of guidelines on workplace harassment the agency released last month.
Its guidance around workplace harassment of LGBTQ people cites a 2020 Supreme Court ruling, Bostock v. Clayton County, which found that workplace discrimination based on sexual orientation or gender identity qualifies as sex-based discrimination, which is prohibited under Title VII.
The 18 attorneys general mention the 2020 landmark ruling in their lawsuit but say they interpret the decision differently than the EEOC. They argue that the Supreme Court did not intend to force employers to take up accommodations with respect to workers’ gender identity and sexual orientation. Instead, they contend that the court’s ruling was narrower, preventing employers from firing workers on the basis of their sexual orientation or gender identity.
